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Litigation & Arbitration

Aug. 14, 2023

Ticketmaster can't arbitrate ticket hike claims, US judge says

While the judge accepted that Live Nation and Ticketmaster’s arbitration clauses unmistakably delegate issues of enforceability to the arbitrator, he was less convinced that the clause was procedurally conscionable, saying customers had significantly less bargaining power than the defendants.

Live Nation Entertainment Inc. and its subsidiary, Ticketmaster LLC, cannot send claims of hiked-up ticket prices to arbitration, a federal judge in Los Angeles ruled.

“The fact that the defendants’ customers received no notice of the significant change to the [terms of use] creates a situation of unfair surprise,” U.S. District Judge George H. Wu wrote in his order Thursday. “And, because it would seem trivially easy to provide customers ...

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